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202305433 <br />to make up any deficiency in the amounts necessary to enable Beneficiary to pay any of the <br />foregoing items. Beneficiary's exercise of its rights under this section shall in no way render <br />Beneficiary or Trustee liable for failure to timely pay such taxes and insurance premiums. <br />10. FURTHER ASSURANCES. Trustor, at its expense, will execute and deliver to <br />the Beneficiary, promptly upon demand, such security instruments as may be required by <br />Beneficiary, in form and substance satisfactory to Beneficiary, covering any of the Trust Estate <br />covered by this Deed of Trust, which security instruments shall be additional security for <br />Trustor's faithful performance of all of the terms, covenants and conditions of this Deed of Trust, <br />the Note secured hereby, and any other security instruments executed in connection with this <br />transaction. Such instruments may be recorded or filed, and rerecorded and refiled, at Trustor's <br />expense. <br />11. TRUSTEE'S DUTIES. Trustor acknowledges that: (a) the duties and obligations <br />of Trustee shall be determined solely by the express provisions of this Deed of Trust and <br />Trustee shall not be liable except for the performance of such duties and obligations as are <br />specifically set forth herein, and no implied covenants or obligations shall be imposed upon <br />Trustee; (b) no provision of this Deed of Trust shall require Trustee to expend or risk its own <br />funds, or otherwise incur any financial obligation in the performance of any of its duties <br />hereunder, or in the exercise of any of its rights or powers, if it shall have grounds for believing <br />that the repayment of such funds or adequate indemnity against such risk or liability is not <br />reasonably assured to it; (c) Trustee may consult with counsel of its own choosing and the <br />advice of such counsel shall be full and complete authorization and protection in the respect of <br />any action taken or suffered by it hereunder in good faith and in reliance thereon; (d) Trustee <br />shall not be liable for any action taken by it in good faith and reasonably believed by it to be <br />authorized or within the discretion or rights of powers conferred upon it by this Deed of Trust. <br />12. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to <br />time, by written instrument executed and acknowledged by Beneficiary, mailed to Trustor and <br />recorded in the County in which the Trust Estate is located, and by otherwise complying with the <br />provisions of the applicable law of the State of Nebraska, substitute a successor or successors <br />to the Trustee named herein or acting hereunder. <br />13. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the <br />benefit of and binds all parties hereto, their heirs, legatees, devisees, personal representatives, <br />successors and assigns. The term "Beneficiary" shall mean the owner and holder of the Note, <br />whether or not specifically named as Beneficiary herein. <br />14. INSPECTIONS. Beneficiary, or its agents, representatives or workmen are <br />authorized to enter at any reasonable time upon or in any part of the Trust Estate for the <br />purpose of inspecting the same and for the purpose of performing any of the acts it is authorized <br />to perform under the terms of the Loan Instruments. <br />15. ASSIGNMENT OF RENTS. <br />(a) Trustor hereby assigns and transfers to Beneficiary all the rents, issues and <br />profits of the Trust Estate and hereby gives to and confers upon Beneficiary the right, power and <br />authority to collect such rents, issues and collect such rents, issues and profits. Trustor <br />irrevocably appoints Beneficiary as its true and lawful attorney-in-fact, at the option of <br />Beneficiary at any time and from time to time, to demand, receive and enforce payment, to give <br />receipts, releases and satisfactions, and to sue, in the name of Trustor or Beneficiary, for all <br />such rents, issues, and profits and apply the same to the indebtedness secured hereby; <br />5 <br />